This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

36339

Vol. 63, No. 128

Monday, July 6, 1998

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

15 CFR Part 922

[Docket No. 950609150–8003–04]

RIN 0648–AI06

Jade Collection in the Monterey Bay

National Marine Sanctuary;

Confirmation of Effective Date

AGENCY: Sanctuaries and Reserves

Division (SRD), Office of Ocean and

Coastal Resource Management (OCRM),

National Ocean Service (NOS), National

Oceanic and Atmospheric

Administration (NOAA), Department of

Commerce (DOC).

ACTION: Confirmation of effective date.

SUMMARY: On March 30, 1998, the

National Oceanic and Atmospheric

Administration (NOAA) published a

final rule (63 FR 15083) amending the

regulations and Designation Document

for the Monterey Bay National Marine

Sanctuary (MBNMS or Sanctuary) to

allow limited, small-scale collection of

jade from the Jade Cove area of the

Sanctuary. Under the National Marine

Sanctuaries Act, the amendment would

automatically take effect at the end of 45

days, continuous session of Congress

beginning on March 30 1998, unless the

Governor of California certified to the

Secretary of Commerce the amendment

as unacceptable in State waters of the

MBNMS. The 45-day review period

ended on June 13, 1998. During the

review period, NOAA received a letter

dated May 29, 1998, from Governor Pete

Wilson stating that the State of

California has no objection to the

amendment. This document confirms

the effective date of the amendment of

the MBNMS Designation Document and

regulations as June 16, 1998.

EFFECTIVE DATE: The amendment to the

MBNMS Designation Document and

regulations at 15 CFR part 922, subpart

M, published on March 30, 1998 (63 FR

15083) shall take effect on June 16,

1998.

FOR FURTHER INFORMATION CONTACT:

Scott Kathey, Monterey Bay National

Marine Sanctuary, 299 Foam Street,

Suite D, Monterey, California 93940 or

at (408) 647–4251.

(Federal Domestic Assistance Catalog

Number 11.429, Marine Sanctuary Program)

Captain Evelyn Fields,

Deputy Assistant Administrator for Ocean

Services and Coastal Zone Management.

[FR Doc. 98–17734 Filed 7–2–98; 8:45 am]

BILLING CODE 3510–08–M

FEDERAL TRADE COMMISSION

16 CFR Parts 0, 1, and 3

Organization, General Procedures,

Rules of Practice for Adjudicative

Proceedings

AGENCY: Federal Trade Commission

(FTC).

ACTION: Final rule.

SUMMARY: The Commission is revising

its Rules of Practice to incorporate

statutory requirements of the Small

Business Regulatory Enforcement

Fairness Act concerning congressional

review of certain agency rules and

publication of small entity guides for

certain rules.

The revised rules also reflect statutory

amendments to the Equal Access to

Justice Act as well as technical and

interpretive nonsubstantive changes to

the rules governing claims under the

Act.

EFFECTIVE DATES: These amendments are

effective July 6, 1998.

FOR FURTHER INFORMATION CONTACT:

Sandra M. Vidas, Attorney, (202) 326–

2456, Office of the General Counsel,

FTC, Sixth Street & Pennsylvania

Avenue, N.W., Washington, D.C. 20580.

SUPPLEMENTARY INFORMATION: The

Commission is amending Parts 0, 1, and

3 of its existing Rules of Practice to

reflect the statutory provisions of the

Small Business Regulatory Enforcement

Fairness Act (SBREFA), Pub. L. 104–

121, 110 Stat. 857 (1996) as that Act

amends the Administrative Procedure

Act (APA), 5 U.S.C. 551 et seq., the

Regulatory Flexibility Act (RFA), 5

U.S.C. 601–612, and the Equal Access to

Justice Act (EAJA), 5 U.S.C. 504.

The Commission is amending Part 1

by adding a new Subpart M reflecting

SBREFA’s requirements concerning the

submission of information to Congress

and the Comptroller General when the

agency issues or amends a rule or

industry guide, or formally adopts an

interpretation or policy statement that

constitutes a rule within the meaning of

5 U.S.C. 804(3). The amendments also

reflect SBREFA’s statutory requirements

with respect to publication of small

entity compliance guides, and add

references to the RFA and Paperwork

Reduction Act, (PRA), 44 U.S.C. 3501–

3520, where appropriate.

The Commission is revising its rules

governing EAJA claims to reflect

statutory amendments and to clarify

certain provisions of the Commission’s

existing EAJA rules. These clarifying

amendments provide, inter alia,

additional information concerning filing

time limits, procedures, and allowable

expenses to assist persons eligible to file

claims under the EAJA. The

Commission is also amending § 0.5 of its

rules, ‘‘Laws authorizing monetary

claims,’’ to include a reference to the

EAJA and a new telephone contact

number in the Office of the General

Counsel.

The Commission has determined that

these rule amendments relate to agency

practice or are interpretive in nature.

Accordingly, they are not subject to the

notice and comment requirements of the

APA, 5 U.S.C. 553(b)(A), or to the RFA,

5 U.S.C. 601–612.

The submissions required by the

amended rules with respect to claims

under the EAJA, 5 U.S.C. 504, do not

likely constitute ‘‘the collection of

information’’ as that term is defined by

the PRA. Submission of a claim for fees

occurs in connection with an

administrative proceeding with respect

to a specific party and is therefore

exempt from PRA coverage. 5 CFR

1320.4(a)(2). In the event that an EAJA

claim is subject to the requirements of

the PRA, the Commission has

previously received clearance for Part 3,

Subpart I, of the Rules of Practice,

which specifies, inter alia, the

documentation necessary to support an

application for reimbursement under

the EAJA, See 16 CFR 3.81–3.83 (OMB